Disposed

Smt Preethi N v. Mr Ajay S N

Karnataka HC18 Mar 2024WP/13825/2022

Case brief

AI extract

What is this about?

Wife challenged Family Court's interim maintenance award as inadequate despite husband's stated salary of Rs.1,55,000/- per month. After hearing both sides, the High Court disposed of the petition confirming Rs.15,000/- monthly to the wife and Rs.5,000/- to the child, directing the husband to bear all educational expenses directly to the school and clear arrears within three months.

What did the court decide?

Rs.15,000/- per month to wife, Rs.5,000/- to daughter; husband bears all educational expenses paid directly to school; arrears cleared within 3 months.

Smt Preethi N Vs Mr Ajay S N — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC:10948 WP No. 13825 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13825 OF 2022 (GM-FC)

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BETWEEN:

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SMT. PREETHI.N, D/O C. NAGARAJ, W/O AJAY S.N, AGED ABOUT 29 YEARS,

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KUMARI GANISHKHA. A, D/O AJAY S.N, AGED ABOUT 3 YEARS, REPRESENTED BY HER NATURAL GUARDIAN MOTHER, SMT. PREETHI. N,

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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BOTH ARE RESIDING AT NO.117, 2ND CROSS, 2ND MAIN, K.K.LAYOUT, MALLATHALLI, NAGARABAVI, BANGALORE-560072. …PETITIONERS (BY SRI. HEMANTH KUMAR D., ADVOCATE)

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AND:

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MR. AJAY S.N., S/O H. NARASIMHA GOWDA, AGED ABOUT 32 YEARS, RESIDING AT NO.202, 2ND FLOOR, ARK RESIDENCY, GLOBAL VILLAGE, TECH PARK,

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2 - NC: 2024:KHC:10948 WP No. 13825 of 2022

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7TH STAGE, BEML LAYOUT, MAILASANDRA, KENGERI HOBLI, BENGALURU-560059.

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ALSO RESIDING AT, NO.2431, VAIBHAVA - LAKSHMI NILAYA, 3RD CROSS, TAVAREGERE, GUTHAL COLONY, MANDYA - 571403.

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…RESPONDENT

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(BY SRI. RAMAKRISHNA HEGDE, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE INDIAN CONSTITUTION PRAYING TO QUASH THE ORDER DATED 25.04.2022 ON IA NO.2 IN CRL.MIS.NO.222/2021 ON THE FILE OF THE III ADDL. PRL. JUDGE, FAMILY COURT, AT BANGALORE VIDE ANNEXURE-A, BY ALLOWING THE APPLICATION FILED BY THE PETITIONERS AS PRAYED FOR BEFORE THE TRAIL COURT AND ETC.

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THIS PETITION, COMING ON FOR PRILIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Aggrieved by the order passed on I.A.No.2 in Crl.Misc.No.222/2021 dated 25.04.2022 whereby the Court below had granted maintenance of an amount of Rs.15,000/- per month to the wife till the child attains four years of age and also granted maintenance of an amount

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NC: 2024:KHC:10948 WP No. 13825 of 2022

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of Rs.5,000/- per month to the child till she attains

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majority, the petitioner/wife is before this Court.

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Learned counsel for the petitioners submits that the respondent is earning an amount of Rs.1,55,000/- per month and he has failed to file the statement of assets and liabilities before the Court below. When they have claimed maintenance amount of Rs.50,000/- per month and litigation expenses amount of Rs.60,000/-. The Court below had granted only Rs.25,000/- as litigation expenses and Rs.15,000/- to the wife till the child completes 4 years of age and granted Rs.5,000/- per month to the child which is not reasonable.

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Learned counsel for the respondent submits that the Court below ought to have considered the income of the respondent/husband while granting the maintenance. It is submitted by virtue of the orders passed by this Court dated 26.07.2023, the respondent/husband is directed to pay an amount of Rs.15,000/- to the wife on or before 5^th

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4 - NC: 2024:KHC:10948 WP No. 13825 of 2022

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of every calendar month with effect from the date the child

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attains the age of 4 years. It is also observed by the Court below that it is the case of the petitioner/wife that the husband is not paying the educational expenses. It is the case of the respondent/husband that he has been paying the maintenance amount and it is observed that the respondent had not produced the necessary material on record.

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It is submitted by learned counsel for the petitioner/wife that there are arrears of maintenance and also the school fees. It is submitted that when the respondent/husband is earning an amount of Rs.1,50,000/-, the amount that is awarded by the Court below is not a reasonable amount for the wife to take care of the child and meet the expenses. The Court below had granted meager amount of Rs.15,000/- + Rs.5,000/- = Rs.20,000/- as maintenance and also with a condition that only till the girl attains the age of 4 years.

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5 - NC: 2024:KHC:10948 WP No. 13825 of 2022

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Learned counsel appearing for the

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respondent/husband submits that the girl is admitted to the school where the school fees is approximately Rs.2,00,000/- per annum and the respondent/husband has been paying the same. It is submitted that if the school details or particulars are furnished to the husband, he will straight away make the payments to the school. It is further submitted that inspite of the order passed by the Court below, he is not able to see the child. Further, learned counsel submits that the respondent/husband is ready to continue the arrangements of Rs.15,000/- per month to the wife. It is submitted by the respondent that the respondent/husband is ready to continue the arrangements as per the impugned order wherein Rs.15,000/- to wife and Rs.5,000/- to the child, apart from paying the school expenses.

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Having heard the learned counsels on either side,

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perused the entire material on record. It is the case of the respondent/husband that he is getting an amount of

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6 - NC: 2024:KHC:10948 WP No. 13825 of 2022

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Rs.1,55,000/- as salary. In that Rs.55,000/-, he has to pay towards EMI, in the remaining amount of Rs.1,00,000/- he has to spend Rs.20,000/- towards the Cancer treatment of his mother and he has been giving an amount of Rs.12,000/- to his father, which is disputed by the learned counsel for the wife stating that his father is a

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pensioner. Even assuming that no amount is given to his father and from Rs.1,00,000/-, whatever amount spent to the mother i.e., Rs.20,000/(1,00,00020,000)=Rs.80,000/-, out of this Rs.80,000/-, Rs.20,000/he was paying towards the maintenance as per the order and if the school fees is approximately Rs.2,00,000/- per annum, per month it may come to Rs.18,000/- i.e., Rs.38,000/-. Out of Rs.80,000/- he is already paying an amount of Rs.38,000/-.

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Considering the fact that the wife is a double graduate and it is stated that till now she is not able to secure a job. Considering the submission made by the respondent/husband, who is present before this Court, this

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7 - NC: 2024:KHC:10948 WP No. 13825 of 2022

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Court is disposing of the Writ Petition in the following

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manner:

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ORDER

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i) The respondent/husband herein is directed to

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pay an amount of Rs.15,000/- per month to the wife and Rs.5,000/- per month to the daughter.

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ii) The respondent/husband shall bear all the educational expenses of the daughter and the petitioner/wife shall furnish the details of the school and other account details, so that the father would pay the amount directly to the school.

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iii) The arrears that are pending as on today shall be cleared within 3 months from today

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or else the wife is at liberty to initiate appropriate proceedings in that regard.

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8 - NC: 2024:KHC:10948 WP No. 13825 of 2022

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iv) The mother shall communicate to the school

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Authorities about the father paying the school

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fees as per the orders of this Court.

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v) According, the Writ Petition is disposed off.

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SD/JUDGE

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List No.: 1 Sl No.: 9

Smt Preethi N v. Mr Ajay S N

Case brief

What is this about?

What did the court decide?

Smt Preethi N v. Mr Ajay S N

Case brief

What is this about?

What did the court decide?

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